Inside the Black Box: Insight into a Restorative Justice Approach in Response to Intimate Partner Violence

Background and Purpose: Intimate partner violence (IPV) is a major social problem and has been criminalized in the United States. Most courts depend on Batterer Intervention Programs (BIP) as their primary treatment to address IPV and prevent recidivism. However, criticisms of this one-size-fits-all approach, issues of limited effectiveness, and desires of victims to be included in the treatment process have been unceasingly raised. Restorative justice (RJ), an alternative justice approach that promotes healing by seeking to repair harm, holding the offender accountable, and connecting with community, has increasingly become popular. Empirical evidence supports that RJ is a cost-effective means of reducing recidivism for violent crimes. While several empirical studies have been conducted to examine the effectiveness of RJ practices in the context of ‘what works’, little is known about “how it works.” Hence, this study was conducted to gain insight into the RJ process, particularly Circles of Peace (CP). In particular, it seeks to answer the question: What are helpful processes of CP that potentially facilitate addressing harm among participants?

Methods: The data was drawn from a large study that examined the effectiveness of treatment approaches to domestic violence (DV) crimes. Thematic analysis was conducted to identify key themes across the CP session notes. CP sessions are comprised of a facilitator, offender convicted of DV in cases of IPV, victim (participation is voluntary) or victim advocate (if the victim chose not to participate), support people, and a trained community volunteer. Session notes of 68 cases were recorded by a facilitator per session (four sessions per case) over the course of treatment for each offender that completed the intended treatment. The notes were coded and analyzed by three coders using Atlas.ti. Coders compared coding schemes and discussed any disagreements.

Findings: Findings regarding key themes represent the recurring patterns of data. The themes that emerged in the individual CP sessions include: 1) Exploration into various issues potentially intertwined with current IPV [“We also discussed [offender’s] significant history, and traumatic events which have occurred, and how these events have impacted his ability to solve problems currently via anger and substance use”], 2) Reflection on IPV and conflicts among participants [“She finally realizes that she is also a victim and needs to break the cycle”], and 3) Usage of key RJ characteristics [“We addressed values with the Circle [participants] and how this plays into moving forward in a healing way, specifically how to not repeat harms from the past].

Conclusions and Implications: The findings highlight the complicated nature and implications of IPV and the strength of CP and its ability to cater to participants’ unique needs and desires. The narratives from session notes indicate that CP, as a collective process, can offer a safe and caring space for those who experienced IPV to process current harm, past trauma, and various life concerns intertwined with IPV. CP may center victims and offenders in the process, in order to address harm and violence through enhanced opportunities for better engagement and deeper self-reflection.